Search Rutgers Law Library N.J. Court Opinions

16 Statev. Crisoforo Montalvo -- rank: 744

... charge would not produce an unjust result. In accordance with N.J.S.A. 2C:3-4, Montalvo would have to show that he reasonably believed his ... protecting himself against the use of unlawful force by” another. N.J.S.A. 2C:3-4(a). The use of deadly force for self-defense is ... the use of force or knows he can safely retreat. N.J.S.A. 2C:3-4(b)(2). Thus, the defensive conduct must be based on ... Louisville J. Fam. L. 843, 870-71 (1995)); see also N.J.S.A. 2C:3-4(b)(2)(b)(i) (providing there is no duty for ... in physical confrontation “to retreat from [one’s] dwelling”); N.J.S.A. 2C:3-4(c)(1) (“[T]he use of force or deadly ... Jury Charges (Criminal) , “Justification - Self Defense in Self Protection ( N.J.S.A. 2C:3-4)” (June 13, 2011) (generic self-defense charge). Unlike ...

docket:	A-76-15
court:	NJ Supreme Court
decided:	2005-04-18
status:
citation:	229 N.J. 300 162 A.3d 270
Document Size:	89425

17 State of New Jersey v. Naquan O’Neil -- rank: 739

... provisions. Rodriguez , supra , 195 N.J. at 171-73. Specifically, N.J.S.A. 2C:3-4(b)(2) provides, in part, that deadly force is justified ... have the ability to safely retreat. Id. at 171 (quoting N.J.S.A. 2C:3-4(b)(2)). “Reasonably believes” is defined in the Code ...

docket:	A-68-12
court:	NJ Supreme Court
decided:	2014-10-06
status:
citation:	219 N.J. 598 99 A.3d 814
Document Size:	77524

18 STATE OF NEW JERSEY v. MIKE MARTINEZ -- rank: 737

... the subject of self-defense and defense-of-others. Under N.J.S.A. 2C:3-4(a): "[T]he use of force upon or toward another ... defense." Cannel, New Jersey Criminal Code Annotated , comment 3 on N.J.S.A. 2C:3:-4 (2011) (citing State v. Bess , 53 N.J. 10 (1968 ...

docket:	a0655-09
court:	NJ Superior Court Appellate Division
decided:	2013-11-13
status:	unpublished
citation:
Document Size:	98234

19 STATE OF NEW JERSEY v. EDWIN URBINA -- rank: 734

... to protect himself against death or serious bodily harm." See N.J.S.A. 2C:3-4(b)(2). Moreover, imperfect self-defense is applicable if the ... and asserted he reasonably believed his life was threatened. See N.J.S.A. 2C:3-4(b)(2). He asserted the victim physically assaulted him, and ... actually have a reasonable belief the victim had a firearm, N.J.S.A. 2C:3-4(a), or that defendant was the aggressor, see State v ... belief, not necessarily an accurate one, that force was necessary. N.J.S.A. 2C:3-4(a). Even if defendant had been mistaken in concluding the ... Jury Charge (Criminal) , "Justification – Self Defense In Self Protection ( N.J.S.A. 2C:3-4)" (June 13, 2011) ("[T]he law requires only a reasonable ... v. Kelly , 97 N.J. 178 , 198 (1984)). See generally N.J.S.A. 2C:3-4. 4 North Carolina v. Alford , 400 U.S. 25 , ...

docket:	a1761-11
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	84075

20 STATE OF NEW JERSEY v. MICHAEL GARLAND -- rank: 732

... defendant argues for the first time that self- defense under N.J.S.A. 2C:3-4 was not the appropriate theory and that the judge should ... rational basis for a self-defense instruction in accordance with N.J.S.A. 2C:3-4. See State v. Galicia, 210 N.J. 364, 390 (2012 ... purpose of protecting himself against the use of unlawful force.' N.J.S.A. 2C:3-4(a).1 To employ the justification of self-defense, a ... his vehicle. 1 We are mindful of the limitation of N.J.S.A. 2C:3-4 recognized by the Supreme Court in State v. Fowler, 239 ... Having been convicted, defendant now argues that self-defense under N.J.S.A. 2C:3-4 was not the right defense and that the judge erred ... limited in a way that arguably makes it inapplicable here. N.J.S.A. 2C:3-4 declares that the use of force is justifiable when ...

docket:	a1886-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-21
status:	Unpublished
citation:
Document Size:	31975

21 STATE OF NEW JERSEY v. LEONARDO BUCCHERI -- rank: 730

... sections, . . . and its deadly force provision is a restatement of [ N.J.S.A. ] 2C:3-4 and [ N.J.S.A. ] 2C:3-5 with the ...

docket:	a1086-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-08
status:	unpublished
citation:
Document Size:	80920

22 /usr/local/share/www/libweb/collections/courts/appellate/a1687-18.opn.html -- rank: 722

... the porch, unless he or she was the initial aggressor. N.J.S.A. 2C:3-4(b)(2)(b)(i).' Model Jury Charges (Criminal), 'Justification – Self Defense in Self Protection (N.J.S.A. 2C:3-4)' at 3 n.4 (rev. June 13, 2011). The jury ... retreat from the apartment. We are unpersuaded by this argument. N.J.S.A. 2C:3-4 provides the following guidance on self-defense: a. Use of ... and (2) the defendant d id not provoke the attacker. N.J.S.A. 2C:3-4(a) and (b)(2)(a); State v. Gentry, 439 N ... that the defendant was unable to retreat with complete safety. N.J.S.A. 2C:3-4(b)(2)(b); State v. Rodriguez, 195 N.J. 165 ... Model Jury Charges (Criminal), 'Justification - Self-Defense in Self Protection (N.J.S.A. 2C:3-4)' at 3 n.4 (rev. June 13, 2011). The ...

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23 STATE OF NEW JERSEY v. DARRYL DAVIS -- rank: 720

... basis for the jury to consider passion/provocation manslaughter. 2. N.J.S.A. 2C:3-4(a) provides that "[t]he use of force upon or ... such other person on the present occasion." However, according to N.J.S.A. 2C:3-4(b)(2): The use of deadly force is not justifiable ...

docket:	a1176-09
court:	New Jersey Superior Court Appellate Division
decided:	2012-06-06
status:	Published
citation:
Document Size:	99522

24 N.T.B. v. D.D.B. -- rank: 720

... testified, she may be entitled to a self-defense justification, N.J.S.A. 2C:3-4, a defense-of-her-daughter justification, N.J.S.A ...

docket:	a4542-13
court:	NJ Superior Court Appellate Division
decided:	2015-09-09
status:	published
citation:	442 N.J.Super. 205 121 A.3d 910
Document Size:	40517

25 State v. Leroy Munroe -- rank: 715

... to protect himself against death or serious bodily harm.” N.J.S.A. 2C:3-4(b)(2). The issue is not whether the trial court ... protect himself against death or serious bodily harm.” See N.J.S.A. 2C:3-4(b)(2). Moreover, imperfect self-defense is applicable if the ...

docket:	A-125-10
court:	NJ Supreme Court
decided:	2012-06-27
status:
citation:	210 N.J. 429 45 A.3d 348
Document Size:	78715

26 State v. Robert Handy -- rank: 713

... force was justifiable, as defined in our Criminal Code, see N.J.S.A. 2C:3-4(a), and, in particular, that the use of deadly force was justifiable, see N.J.S.A. 2C:3-4(b)(2). When self defense is raised, however, the burden ... to protect himself against death or serious bodily harm[.]” N.J.S.A. 2C:3-4(b)(2). As we have explained, the “self-defense ...

docket:	A-68-11
court:	NJ Supreme Court
decided:	2013-09-09
status:
citation:	215 N.J. 334 73 A.3d 421
Document Size:	107898

27 STATE OF NEW JERSEY v. EVAN REECE -- rank: 713

... the peace officer employs unlawful force to effect such arrest ." N.J.S.A. 2C:3-4(b)(1)(a) (emphasis added). As explained by Justice Francis ... in the manner left open to him by Mulvihill and N.J.S.A. 2C:3-4(b)(1)(a), in responding to the injustice of an ... resist this forceful and unlawful arrest. Just as Mulvihill and N.J.S.A. 2C:3-4(b)(1)(a) permit an individual to resist an officer ... from his home rather than defend himself in this circumstance. N.J.S.A. 2C:3-4(b)(3) (declaring, as a general matter, that "a person ...

docket:	a2569-11
court:	NJ Superior Court Appellate Division
decided:	2013-08-28
status:	unpublished
citation:
Document Size:	123219

28 /usr/local/share/www/libweb/collections/courts/appellate/a5864-17.opn.html -- rank: 708

... in the commission of that crime. A-5864-17 40 N.J.S.A. 2C:3-4 provides that the use of force toward another person may ... protect the defendant against unlawful force by another. Ibid. (citing N.J.S.A. 2C:3-4(a)). The use of deadly force, however, is not justifiable ... necessary to protect himself against death or serious bodily harm.' N.J.S.A. 2C:3-4(b)(2). If no request for a self-defense charge ...

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29 State v. Wilberto Rodriguez -- rank: 708

... a person may use force to protect himself from harm. N.J.S.A. 2C:3-4(a) generally provides that “the use of force upon ... from any action which he has no duty to take . . . . [ N.J.S.A. 2C:3-4(b)(2) (emphasis added).] “Self-defense exonerates a person ... S.A. 2C:3-9(c). Thus, by including both N.J.S.A. 2C:3-4(b)(2) and N.J.S.A. 2C:3-9 ... finding in Kelly that the Legislature’s intent in enacting N.J.S.A. 2C:3-4 “was that self-defense based on a reasonable belief ... does not endanger innocent third persons in doing so. See N.J.S.A. 2C:3-4(b)(2) and 2C:3-9(c). In Moore , supra ... or lose self-defense as a justification for his conduct. N.J.S.A. 2C:3-4(b)(2)(b). Defendant, in effect, asks this Court ...

docket:	a-25-07
court:
decided:	2008-06-09
status:
citation:	195 N.J. 165
Document Size:	48961

30 State v. Joseph S. Macchia -- rank: 706

... knew that he could retreat in “complete safety.” N.J.S.A. 2C:3-4(b)(2). The jury unanimously rejected defendant’s claim of ... the use of unlawful force by such other person.” N.J.S.A. 2C:3-4(a). The Legislature has limited the use of deadly force ... Id. at (i). Each basis for rejecting self-defense in N.J.S.A. 2C:3-4 therefore constitutes a separate “material element” of the 24 ...

docket:	a-49-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-16
status:
citation:
Document Size:	70386